Officials Cover Up the Magistrates Mistake

[XLFD]

79th District Court Magistrate Glenn Jackson III is widely acknowledged by the public as having made a grave mistake by setting a ridiculously low bail ($750) for Isaiah Gardenhire, a man with a violent past accused of criminal sexual conduct in the second degree.  Gardenhire would go on a 45 hour one man crime spree starting after he had his bail bonded and allegedly checked on the CSC accuser living locally but couldn't find her.  He took his rage out by engaging in robbery, multiple sexual assaults, unlawful imprisonments, car-jacking, and most infamously, homicide of Adrie Dembowske (pictured below).  He now faces a $3 million bail in Isabella County for those crimes.

A protest of this miscarriage has been waged at the Mason County Courthouse over the last three weeks by Ryan "Logik" Roberts, organized shortly after repeated attempts to get answers or admissions from Jackson that the system failed to protect the people of Mason County and beyond in this instance (and others).  Jackson offered some ridiculous homilies on the process and tried to pass the buck to the prosecutor, the state legislators, and almost anybody else who was not named Glenn Jackson III. 

Fraction Jackson had a duty to explain his rationale for setting bond by law and putting those findings into the record, he refused to do so in the papers received from the court, or elaborate that reason to Roberts or the public since.   The reason is clear, he failed, he knows it.  But he lacks the courage and character to admit his mistake, for why should he; his fellow county and state officials have his back.

79th District Court Judge John Middlebrook (above) has remained mute while his highest court official has come under fire.  Where is the judicial accountability to the public from the 'honorable' judge?  Jackson's error is the court's error and the director of that court is from one person:  the sitting judge.  Explain why a $750 bail was appropriate in 2021 for a suspected child rapist, when the 79th District Court in 2013 set a $5 million bond for the same crime committed by someone without the extensive violent criminal history of Gardenhire.  

By his silence, Middlebrook has extended his Middlefinger to the people of Mason County and all the victims in Isabella County.  By his silence, he has accepted the action of his court officer as the official action of his court.  By his silence, he has become derelict in his duties as surely as his failed magistrate.

If you expect Fraction Jackson and Judge Middlebrook to be held accountable by their peers, you may as well guess again.  The prosecutor's office will offer just enough of the record to show that they are not at fault.  The two other judges, Sniegowski and Nellis, have not displayed the moral background or moral fortitude necessary that would allow them to critique their fellow court officers for their egregious mistake.  They do have the wisdom not to defend the blunder, so expect nothing there.

Is there a valid defense to this incomprehensible gaffe?  Using the process of reduction ad absurdum, I hoped to establish a legal proof by assuming first that there is a valid reason to give Gardenhire a 'get out of jail practically free' card.  If this led to a contradiction or logical fallacy, this would indicate that it was an indefensible action by Jackson.

To establish a valid reason, I made a Freedom of Information Act (FOIA) request to the county sheriff to get the original deputy report given to the prosecuting attorney (PA) that led to CSC 2nd degree charges against Gardenhire.  For those not informed about the process that generates charges made by a PA, it usually involves a police officer making out a detailed report where an investigation is conducted and finished, then sent to the PA, often with the officer's suggestion of what laws may have been broken.  

The charges in the CSC-2 case are said to originate from Gardenhire's inappropriate behavior with a very young girl several years back.  The investigation should be complete, with the possible exception of any input from the accused.  From court records, I knew the incident report's number and I asked for this report that should have had a complete-enough investigation behind it before being sent to the prosecutor for charges.  I received the following from Sheriff Cole's department:

This response is provably unlawful by the FOIA statutes and established Michigan Supreme Court precedent.  The FOIA allows exemptions narrowly construed, and the investigating records exemptions require details as to how they would, rather than could, interfere with law enforcement proceedings, etc.  Saying a criminal investigation is open and active is not a valid reason, nor is it reasonable to believe that the investigation in this case is active since the accused is incarcerated, the facts are years old, and the investigative reports have been given to the PA.

The FOIA coordinator fails to even justify the second reason, since even they know it's patently false, but the last reason for exemption is the only one with merit.  Yet even that has strict limits, since the personal information in the report that could be an invasion of privacy needs to be separated from the vast majority of the report which is non-exempt, that's their duty.   It's been alleged that even the mother of the victim and the victim itself have been denied any part of the incident report with the MCSO citing the same rationale.  

Effectively, Mason County Sheriff Kim Cole, through his FOIA Coordinator Mary Fulton, is breaking the law in order to shield the public from information one could use to form an opinion on how badly the county magistrate botched this low bond approval.  Why would they do this, if not to protect the magistrate from the accountability he deserves?

For if the investigation and the case was weak, why would the prosecutor pick it up, and why wouldn't Fraction Jackson point out the holes in the case when asked about the low bond he gave Gardenhire, despite recognizing some danger since he didn't offer personal recognizance?  If the investigation and the evidence was strong, why would they set up illegal barriers to restrict the public from looking at non-exempt records, if not to protect the magistrate from further accountability for totally blowing his duty to protect the public from such monsters?

Transparency into this issue could be so easily given, honorable conduct by public officials could create some confidence so needed by our local courts at this time.  Covering up the mistakes made and conspiring among themselves to do so makes people suspicious of a justice system that proves once again it is more of a 'system', than anything remotely resembling a vehicle for 'justice'.  

[shinblind]

Amusing watching them circle the wagons around Glen ''Poindexter'' Jackson as if he is worth protecting. Seems he is cut from the same cloth as our Governor, Gretchen ''My shit don't stink'' Whitmer. Wonder if he used the Best Available Science when setting the bail?

Is their any procedure for removing the 79th District Court Magistrate from his job?

[Willy]

I still believe that the Magistrate is criminally guilty of violating laws and procedures. Instead explaining his decisions, which he refuses to do and not taking ownership of his action,  he, instead, has chosen to remain silent as his attorney's must have advised him to do. Who in Mason County needs justice and fairness like this when we employ rascals like the magistrate and his loyal backers in the legal system.

[XLFD]

Agreed.  There is another case in the district court that I'm looking at, wondering why the magistrate is still pressing the issue when the facts have already been presented to court and thrown out for another defendant.  A court system cannot function very well when the court neglects their duties to convey justice just so that they can cover up mistakes made by other officials.